Comparative Negligence

Pronunciation: kum-PAIR-uh-tiv NEG-li-jence

Torts › Negligence

Definition

A system that apportions fault between plaintiff and defendant. Plaintiff's recovery is reduced by their percentage of fault. Three variants: (1) Pure comparative: recovery reduced by fault percentage, plaintiff can recover even if 99% at fault. (2) Modified comparative — 50% bar ('not as great as'): plaintiff barred if fault equals or exceeds 50%, so equal fault means no recovery. (3) Modified comparative — 51% bar ('not greater than'): plaintiff barred only if fault exceeds 50% (at exactly 50%, plaintiff still recovers half). California follows pure comparative negligence (Li v. Yellow Cab, 1975); the two modified rules are the majority approach in other states.

Related terms

• Contributory Negligence — A complete defense to negligence if plaintiff's own negligence contributed to their injuries. Under pure contributory negligence, even…
• Joint and Several Liability — A doctrine holding multiple defendants each liable for the full amount of plaintiff's damages when they act in…
• Assumption of Risk — A defense when plaintiff voluntarily encounters a known risk. Express assumption (contractual waiver) and implied assumption (conduct showing…

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